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JOHNSON v. STATE

No. 5D04-843.

877 So.2d 795 (2004)

Ricardo L. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 2004.

Attorney(s) appearing for the Case

Ricardo L. Johnson, Chipley, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lori N. Hagen, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Defendant, Ricardo Lopez Johnson, appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion. Because the trial court erroneously found that Defendant's motion was based on an identical issue previously raised on direct appeal and thus barred by the law of the case, we reverse.

Defendant initially entered an open no contest plea. Although the State argued that Defendant should...

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